Section 63B - Protection of person making complaint
Extract of legislation
|Protection of person making complaint
|No civil action lies against a person who makes a complaint to the Information Commissioner under this Act for anything done in good faith by that person in making that complaint.
A person who makes a complaint under the Act is protected from civil action for anything they did in good faith when making that complaint.1 For example, a complainant cannot be sued for defamation by a Minister they made a complaint about.
Complaints are a necessary mechanism to ensure the integrity and accountability of Victorian agencies when performing their obligations under the Act. It is important that complainants can make complaints without fear of legal repercussions.
Broadly speaking, ‘good faith’ indicates propriety or honesty. A complainant will be protected where the actions they take or things they say are done honestly. Where a person makes a complaint and knowingly makes untrue allegations in that complaint, they may not be protected by section 63B.